TERMS OF SERVICE ("TOS")
Acceptance of Terms
Axis Satellite, LLC welcomes you to its website. Axis Satellite, LLC provides its service to you subject to the following Terms of Service (“TOS”), which may be updated from time to time without notice to you. If you use any part of this website, it’s content or images, you agree to accept the TOS. If you do not agree to be legally bound by all the following rules and guidelines then please do not access and/or use the services of Axis Satellite, LLC.
- Description of Service
Axis Satellite, LLC provides the opportunity to purchase their product on a secure website (the “Service”). You also understand and agree that the Service may include certain communications from Axis Satellite, LLC, such as service announcements, administrative messages, and that these communications are considered part of Axis Satellite, LLC membership and you will not be able to opt-out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service Axis Satellite, LLC provides, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that Axis Satellite, LLC assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Axis Satellite, LLC has no control over such sites and resources, you acknowledge and agree that Axis Satellite, LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Axis Satellite, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods, or services available on or through any such site or resource.
- Pricing Information
All Prices are subject to change and certain terms and conditions. No pricing on the site itself is binding
- Information Provided on The Axis Satellite, LLC Site
Axis Satellite, LLC posts a variety of material on the Axis Satellite, LLC Site including without limitation, merchandise information, product descriptions, reviews, and comments, (collectively, “Materials”). The Materials that appear on the Axis Satellite, LLC Site are for educational and informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you have found on the Axis Satellite, LLC Sites, you should have confirmed all order content with the Agent. Axis Satellite, LLC and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information on the Axis Satellite, LLC Sites. Axis Satellite, LLC is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. Product information contained on the Axis Satellite; LLC Sites may be different from information contained on the product materials due to manufacturer changes. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return).
AXIS SATELLITE, LLC, ITS AFFILIATES, AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS LOCATED ON ANY OF THE AXIS SATELLITE, LLC SITES.
- Intellectual Property
All copyrights, trademarks, trade dress, other intellectual property, and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips, and written and other materials (collectively, the “IP”) are owned, controlled or licensed by Axis Satellite, LLC, one of its affiliates or by third parties who have licensed their materials to Axis Satellite, LLC and are protected by the U.S. and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on the Axis Satellite, LLC Sites for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark, or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the Axis Satellite, LLC Sites or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, the Axis Satellite, LLC Sites or any related software. All software used on the Axis Satellite, LLC Sites is the property of Axis Satellite, LLC or its suppliers and protected by U.S. and international copyright laws. The IP and software on the Axis Satellite, LLC Sites may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on this Site, is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all IP on the Axis Satellite, LLC Sites is the exclusive property of Axis Satellite, LLC and is also protected by the U.S. and international copyright laws.
- Choice of Law; Jurisdiction; Forum
These Terms of Service will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Lee County, Florida, and you consent to the jurisdiction of such courts.
You agree to defend, indemnify, and hold harmless Axis Satellite, LLC and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Axis Satellite, LLC Sites or any breach by you of this Agreement.
- No Warranty
THIS SITE IS PROVIDED BY AXIS SATELLITE, LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS. AXIS SATELLITE, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AXIS SATELLITE, LLC SITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE AXIS SATELLITE, LLC SITES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AXIS SATELLITE, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, AXIS SATELLITE, LLC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE AXIS SATELLITE, LLC SITES. YOU ACKNOWLEDGE, BY YOUR USE OF THE AXIS SATELLITE, LLC SITES, THAT YOUR USE OF THE AXIS SATELLITE, LLC SITES IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL AXIS SATELLITE, LLC OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE AXIS SATELLITE, LLC SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION
- Copyright Infringement Notification
A notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Written notice should be sent to Axis Satellite, LLC’s designated agent as follows:
Axis Satellite, LLC
5790 Enterprise Parkway
Fort Myers, FL 33905
Under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements before making a complaint.
Please report any violations of the TOS to an online moderator or administrator. Reports may also be sent by email to firstname.lastname@example.org.